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Mesothelioma Claims by State

People who have been affected by asbestos exposure, such as those who have developed mesothelioma, may be entitled to compensation. However, as with all legal claims, there are generally time frames associated with it. Mesothelioma claims are classed as personal injury or wrongful death claims, for which there is usually a two to three years’ statute of limitations from the date of exposure. However, mesothelioma, and other asbestos-related conditions, have a very long latency period, sometimes as long as 50 years. This means that, by the time the condition is discovered, the statute of limitations has long passed.

Because of this, exceptions are made for these types of conditions, with the statute starting to run from the moment of diagnosis.

Types of Statutes of Limitations

Every state has set its own statute of limitations for personal injuries, including for asbestos related conditions. Hence, there is always a time period in which a lawsuit can be filed and if that time-frame is exceeded, a victim will lose his or her right to claim for remunerations such as medical expenses, lost wages, pain and suffering, loss of consortium, and more.

Because mesothelioma in particular is a condition with a very poor prognosis, it is common for the surviving relatives to fail in making a claim, for which there is also set time limitation. As a result, different statutes have had to be applied.

Statute of Limitations for Personal Injury

The personal injury statute of limitations applies for people who have recently received a mesothelioma diagnosis. This means that the clock starts ticking on the day of diagnosis. The statute of limitations can be very short, with states, such as Tennessee and California, having set it at just one year. Preparing a lawsuit for a mesothelioma personal injury case can take a very long time, which is why it is vital that patients need to seek legal advice as soon as they have been diagnosed. In many cases, a physician will also advise people to do this. However, receiving a diagnosis can come as a shock, which means people often have other things on their minds.

Statute of Limitations for Wrongful Death

The second option is that of wrongful death, which is important if the mesothelioma victim has died, and the remaining relatives want to file a suit. This statute of limitations starts on the day the person who had the condition died, and is a new filing. This means that, if someone had started a personal injury claim but dies before the outcome, changes will have to be made to the lawsuit.

The statute of limitations for wrongful death cases is generally the same as that for personal injury. However, there are states, including Florida and New York, where it is actually much shorter. Again, this can be a very difficult time for relatives, who are dealing with the loss of a loved one, but it is vital that they take action straight away.

It is also quite common that the relatives of a mesothelioma victim did not know that the condition was caused by asbestos exposure.

They will have to prove a variety of things, such as previous work places and addresses, which can point to exposure. This takes time and time is often in very short supply.

Which Statute of Limitations Applies?

To further confuse the matter, people need to work out the state in which the statute of limitations applies, which is not necessarily the state in which they reside. Factors influencing it include where someone has lived, both now and in the past, where the asbestos exposure happened, which could be a military base, for instance, and where the company that is responsible for the asbestos is located, which can be either the place of employment of the asbestos manufacturer.

There are a number of states in which those who have asbestos related conditions, including asbestosis, lung cancer, and mesothelioma, can receive so called ‘immediate trials’.

New York City, for instance, has a dedicated asbestos case management judge. This judge has April and October trial clusters, which means that victims can receive accelerated court dates. This is particularly important for those who are terminally ill, for instance.

State by State Statutes of Limitations

The table below demonstrates what the statute of limitations is by state, depending on whether it is personal injury or wrongful death.

No exceptions are made to these statutes, meaning it cannot be tolled and the right to make a claim will pass after that time period.

State

Personal Injury

Wrongful Death

Alabama

2 Years from Diagnosis

2 Years from Death

Alaska

2 Years from Diagnosis

2 Years from Death

Arizona

2 Years from Diagnosis

2 Years from Death

Arkansas

3 Years from Diagnosis

3 Years from Death

California

1 Year from Diagnosis

1 Year from Death

Colorado

2 Years from Diagnosis

2 Years from Death

Connecticut

3 Years from Diagnosis

3 Years from Death

Delaware

2 Years from Diagnosis

2 Years from Death

Florida

4 Years from Diagnosis

2 Years from Death

Georgia

2 Years from Diagnosis

2 Years from Death

Hawaii

2 Years from Diagnosis

2 Years from Death

Idaho

2 Years from Diagnosis

2 Years from Death

Illinois

2 Years from Diagnosis

2 Years from Death

Indiana

2 Years from Diagnosis

2 Years from Death

Iowa

2 Years from Diagnosis

2 Years from Death

Kansas

2 Years from Diagnosis

2 Years from Death

Kentucky

1 Year from Diagnosis

1 Year from Death

Louisiana

1 Year from Diagnosis

1 Year from Death

Maine

6 Years from Diagnosis

2 Years from Death

Maryland

3 Years from Diagnosis

3 Years from Death

Massachusetts

3 Years from Diagnosis

3 Years from Death

Michigan

3 Years from Diagnosis

3 Years from Death

Minnesota

4 Years from Diagnosis

3 Years from Death

Mississippi

3 Years from Diagnosis

3 Years from Death

Missouri

5 Years from Diagnosis

3 Years from Death

Montana

3 Years from Diagnosis

3 Years from Death

Nebraska

4 Years from Diagnosis

2 Years from Death

Nevada

2 Years from Diagnosis

2 Years from Death

New Hampshire

3 Years from Diagnosis

3 Years from Death

New Jersey

2 Years from Diagnosis

2 Years from Death

New Mexico

3 Years from Diagnosis

3 Years from Death

New York

3 Years from Diagnosis

2 Years from Death

North Carolina

3 Years from Diagnosis

2 Years from Death

North Dakota

6 Years from Diagnosis

2 Years from Death

Ohio

2 Years from Diagnosis

2 Years from Death

Oklahoma

2 Years from Diagnosis

2 Years from Death

Oregon

3 Years from Diagnosis

3 Years from Death

Pennsylvania

2 Years from Diagnosis

2 Years from Death

Rhode Island

3 Years from Diagnosis

3 Years from Death

South Carolina

3 Years from Diagnosis

3 Years from Death

South Dakota

3 Years from Diagnosis

3 Years from Death

Tennessee

1 Year from Diagnosis

1 Year from Death

Texas

2 Years from Diagnosis

2 Years from Death

Utah

3 Years from Diagnosis

2 Years from Death

Vermont

3 Years from Diagnosis

2 Years from Death

Virginia

2 Years from Diagnosis

2 Years from Death

Washington

3 Years from Diagnosis

3 Years from Death

Washington, D.C.

3 Years from Diagnosis

1 Year from Death

West Virginia

2 Years from Diagnosis

2 Years from Death

Wisconsin

3 Years from Diagnosis

3 Years from Death

Wyoming

4 Years from Diagnosis

2 Years from Death

Get Mesothelioma Legal Help Now

If you or someone you love has been exposed to asbestos and now face a condition such as Mesothelioma or lung cancer, contact us immediately to speak with a Mesothelioma lawsuit specialist who will help guide you through your options, both legally from a compensation standpoint and medically should you have questions.